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Making of special planning control scheme
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336. (1) A planning authority shall, as soon as practicable after the preparation of a draft special planning control scheme—
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(a) notify the Minister, the Commission and such other persons as may be prescribed, of the preparation of the draft special planning control scheme,
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(b) send copies of the draft special planning control scheme to the Minister, the Commission and such other persons as may be prescribed, and
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(c) publish a notice of the preparation of the draft special planning control scheme in at least one newspaper circulating in its functional area.
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(2) A notice under paragraphs (a) and (c) of subsection (1) shall—
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(a) indicate the place or places at which, and the period (being not less than 8 weeks) during, and times at, which a copy of the draft special planning control scheme may be inspected (and the planning authority shall keep a copy of the draft scheme available for inspection accordingly), and
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(b) invite submissions from any person or observations in relation to the draft scheme within such period (being not less than 8 weeks), and in such manner, as is specified in the notice.
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(3) Where the draft special planning control scheme includes an objective or provision relating to one or more of the following—
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(a) the co-ordination, upgrading or changing of specified shop frontages,
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(b) the control of the layout of specified areas, the density, building lines or heights of specified structures,
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(c) the treatment of spaces around and between specified structures,
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(d) the control of the design, colour or materials of specified structures,
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(e) the promotion of the maintenance, repair or cleaning of specified structures,
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(f) the control of the use or uses of any specified structure or other land in the area,
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(g) the discontinuance of the existing use of any specified structure or other land,
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(h) the development or redevelopment of specified derelict or vacant sites, or
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(i) the control of specified advertisement structures or of the exhibition of specified advertisements,
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the planning authority shall, as soon as practicable after the preparation of a draft special planning control scheme, notify in writing each person who is the owner or occupier of land to which the draft scheme relates of the objective or provision concerned.
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(4) A notice under subsection (3) shall refer to the land concerned and shall—
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(a) specify the measures that are required to be undertaken in respect of the structure or other land to ensure compliance with the objective or provision referred to in subsection (3),
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(b) indicate the place at which, and the period (being not less than 8 weeks) during, and times at, which a copy of the draft special planning control scheme may be inspected (and the planning authority shall keep a copy of the draft scheme available for inspection accordingly), and
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(c) invite submissions in relation to the proposed objective or provision within such period (being not less than 8 weeks), and in such manner, as is specified in the notice.
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(5) The chief executive of a planning authority shall, not later than 12 weeks from the later of—
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(a) the date on which the notice under paragraph (c) of subsection (1) is published, or
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(b) the date on which notification under subsection (3) is made or, where more than one such notification is made, the date on which the last of them is made,
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prepare a report on any submissions received in relation to a draft special planning control scheme and shall submit the report to the members of the authority for their consideration.
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(6) A report under subsection (5) shall—
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(a) list the persons who made submissions in relation to the draft special planning control scheme,
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(b) give a summary of the matters raised in those submissions, and
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(c) include a statement of the views of the chief executive on the submissions summarised in paragraph (b).
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(7) In responding to submissions made in relation to a draft special planning control scheme, the chief executive of a planning authority shall take account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area, any relevant policies or objectives of the Government or of any Minister of the Government, and any relevant national planning statement.
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(8) A planning authority may, after considering a draft special planning control scheme, and the report of the chief executive under subsection (5), by resolution approve the draft special planning control scheme with or without modifications, or refuse to so approve, and a draft scheme so approved, including any such modifications, shall be known, and in this Act referred to, as a “special planning control scheme”.
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(9) Where a planning authority approves a special planning control scheme under subsection (8), it shall—
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(a) make the scheme available—
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(i) for inspection and purchase during office hours of the planning authority, and
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(ii) in electronic form, including by placing a copy on the planning authority’s website,
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(b) publish a notice of the making of the scheme in at least one newspaper circulating in its functional area indicating the place or places at which, and times during which, a special planning control scheme may be inspected in accordance with paragraph (a), and
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(c) send a copy of the special planning control scheme to the Minister, the Commission and such other persons as may be prescribed.
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